DECISIONS AND RESOLUTIONS 
 

OF THE 72nd SESSION OF THE ACP COUNCIL OF MINISTERS
 

HELD FROM 14 TO 15 DECEMBER 2000
 

AT BRUSSELS, BELGIUM


 
 
 

SUMMARY

DECISIONS
 

N° 1 BUDGET OF THE ACP SECRETARIAT FOR 2001
 

N°2 ADMINISTRATIVE CHART OF THE ACP GENERAL SECRETARIAT
 

N°3 STAFF REGULATIONS OF THE ACP GENERAL SECRETARIAT
 

N°4 FINANCIAL REGULATIONS OF THE ACP GROUP
 

N°5 EXTERNAL AUDITOR'S REPORT FOR THE 1999 FINANCIAL YEAR
 

N°6 APPOINTMENT OF AN EXTERNAL AUDITOR
 

N°7 ADMISSION OF THE REPUBLIC OF CUBA TO THE ACP GROUP OF STATES
 

N°8 EXECUTIVE POWERS OF THE SECRETARY-GENERAL
 

N°9 PREPARATIONS FOR NEGOTIATIONS OF NEW TRADING ARRANGEMENTS AND ESTABLISHMENT OF THE ACP MINISTERIAL TRADE COMMITTEE


 
 
 

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RESOLUTIONS
 

BANANAS
 

CONSULTATIONS BETWEEN THE REPUBLIC OF HAITI AND THE EUROPEAN UNION UNDER ARTICLE 96 OF THE COTONOU AGREEMENT 
 

PEACE AGREEMENT BETWEEN ETHIOPIA AND ERITREA
 
 
 

DECISION No.1/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
 
 

BUDGET OF THE ACP SECRETARIAT FOR 2001
 
 
 

The ACP Council of Ministers,
 

HAVING REGARD to the provisions of the Georgetown Agreement and the Financial Regulations of the ACP Group;
 

HAVING EXAMINED the draft budget of the ACP Secretariat for 2001 (ACP/45/038/00 Rev.1) as recommended by the Committee of Ambassadors;
 

HEREBY DECIDES :
 

that the budget of the ACP General Secretariat for 2001 be set at BF 337 182 000 and financed as follows : 
 

. Contributions of ACP States BF 163 308 000

. EDF contributions BF 141 360 000

. Tax revenue BF 30 514 000

. Reserve Fund BF 2 000 000
 
 
 
 
 
 
 

Done at Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 
 
 
 
 

DECISION No. 2/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 

ADMINISTRATIVE CHART OF THE ACP GENERAL SECRETARIAT
 
 
 

The ACP Council of Ministers,
 

HAVING REGARD to the Georgetown Agreement establishing the ACP Group ;
 

CONSIDERING the Staff Regulations as set out in doc. ACP/541/79 Rev.16 ;
 

HAVING REGARD to Decision No.5/LXX/99 of 24 November 1999 implementing Decision No.4 of the 1st ACP Summit ;
 

CONSIDERING Decision No.8/LXX1/00 of 21 June 2000 adopting, in principle, the administrative chart as set out in document ACP/41/023/00 Rev.3 ;
 

HAVING EXAMINED document ACP/41/064/00 Rev.1 containing a recommendation of the Committee of Ambassadors ;
 

AWARE of the urgent need to implement the reform within the Secretariat ;
 

HEREBY DECIDES : 
 

Done at Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 
 
 
 
 
 
 

DECISION No.3/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
 
 

STAFF REGULATIONS OF THE ACP GENERAL SECRETARIAT
 
 
 

The ACP Council of Ministers
 

HAVING REGARD to the Georgetown Agreement establishing the ACP Group ;
 

RECALLING Decision No. 4/LXXI/00 of 21 June 2000 instructing the Committee of Ambassadors to undertake a general review of the Staff Regulations of the General Secretariat;
 

HEREBY DECIDES :
 

to adopt the Staff Regulations as set out in Doc. ACP/57/1/79 Rev.16, based on the recommendations of the Committee of Ambassadors.
 
 
 
 
 
 
 

Done at Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 


 
 
 

DECISION No.4/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
 
 

FINANCIAL REGULATIONS OF THE ACP GROUP
 
 
 

The ACP Council of Ministers
 

HAVING REGARD to the Georgetown Agreement establishing the ACP Group ;
 

RECALLING Decision No. 4/LXX/00 of 21 June 2000 instructing the Committee of Ambassadors to undertake a general review of the Financial Regulations of the ACP Group ;
 

HEREBY DECIDES :
 

to adopt the Financial Regulations as set out in Doc.ACP/029/81 Rev.15, based on the recommendations of the Committee of Ambassadors .
 
 
 
 
 
 
 

Done at Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 
 
 
 
 

DECISION No.5/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
 
 

EXTERNAL AUDITOR'S REPORT

FOR THE 1999 FINANCIAL YEAR
 
 
 

The ACP Council of Ministers
 

HAVING REGARD to the Committee of Ambassadors' progress report on the activities undertaken since the 71st session of the Council of Ministers (ACP/26/142/00 Rev.1);
 

HAVING NOTED that the External Auditor has not been able to certify that the financial statements as at 31 December 1999 are a true reflection of the financial situation of the General Secretariat;
 
 
 

HEREBY DECIDES :
 

to instruct the Committee of Ambassadors to follow up the matter and eventually give discharge to the authorizing officer for the 1999 financial year.
 
 
 
 
 

Done at Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 
 
 
 
 
 
 
 
 
 
 

DECISION No.6/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
 
 

APPOINTMENT OF AN EXTERNAL AUDITOR

 
 

The ACP Council of Ministers,
 

HAVING REGARD to Articles 17 and 18 of the Financial Regulations ;
 

HAVING REGARD to the Committee of Ambassadors' progress report relating to the activities undertaken since the 71st session of the Council of Ministers ;
 

HAVING NOTED that the Committee of Ambassadors is unable to immediately recommend a firm of external auditors ;
 
 
 

HEREBY DECIDES :
 

to instruct the Committee of Ambassadors to appoint an External Auditor at the appropriate time, for the 2000 financial year.
 
 
 
 
 

Done at Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 



 

DECISION No.7/LXXII/00

OF THE 72nd SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
ON THE ADMISSION OF THE REPUBLIC OF CUBA AS A MEMBER

OF THE ACP GROUP OF STATES


 

The ACP Council of Ministers,
 

RECALLING Decision No.1/LXVII/98 of the 67th Session of the Council of ACP Ministers granting observer status to the Republic of Cuba ;
 

RECALLING the Santo Domingo Declaration which, inter-alia, welcomed the wish of the CARIFORUM countries that Cuba be a Caribbean - ACP country ; 
 

RECALLING ALSO that the Republic of Cuba has applied for membership of the ACP Group ;
 

RECALLING FURTHER that the ACP Council of Ministers at its 71st Session decided that the Georgetown Agreement be revised as soon as possible to facilitate, among other things, the accession of Cuba to the ACP Group; 
 

AWARE of the fact that the Republic of Cuba has played an active role in the activities of the ACP Group in the capacity of Observer;

TAKING NOTE of the on-going process of revision of the Georgetown Agreement; 
 

HEREBY DECIDES :
 

1. to amend the Georgetown Agreement to provide for membership of the ACP Group of eligible states which have not acceded to a partnership agreement between the African Caribbean and Pacific Group of States and the European Community ;
 
 
 
 
 
 
 
 
 

-2-
 
 
 

2. to admit the Republic of Cuba as a member of the ACP Group of States, with all the attendant rights and obligations;
 

3. to instruct the Committee of Ambassadors to reflect this decision in the finalisation of the review of the Georgetown Agreement. 
 
 
 
 
 
 
 
 
 

Done at Brussels, 15 December 2000
 


 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

For the President of ACP Council of Ministers
 
 
 

DECISION No. 8/LXXII/00

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
ON THE EXECUTIVE POWERS OF THE SECRETARY-GENERAL

 
 
 

The ACP Council of Ministers ;
 

HAVING REGARD to the Georgetown Agreement establishing the ACP Group;
 

CONSIDERING the mandate of the 1st Summit of ACP Heads of State and Government as given in Decision No. 4 on the institutional and organisational framework of the ACP Group;
 

CONSIDERING Decision No. 1/LXXI/00 of the 71st session of Council on the review of the Georgetown Agreement; 
 

HAVING REGARD to Decision No. 4/LXXI/00 of the 71st session of Council on the review of the Staff Regulations and Financial Regulations of the ACP Group; 
 

CONSIDERING the final report of the Working Group on Decision No.4 of the 1st ACP Summit, particularly paragraphs 61 and 62 thereof; 
 
 
 

HEREBY DECIDES : 
 

1 to confer executive powers on the Secretary-General as the official responsible for the running of the Secretariat.
 

In that regard he shall, in conformity with the Staff Regulations and Financial Regulations referred to above, manage the budget, the staff, and projects and programmes. 
 
 
 
 
 



 
 
 
 
 
 

-2-

 
 

2 to vest the Secretary-General with the authority to appoint the members of staff of the Secretariat.
 

The Committee of Ambassadors should take due account of the foregoing elements in the review of the Georgetown Agreement, the Staff Regulations and the Financial Regulations. 
 
 
 
 
 

Brussels, 15 December 2000
 
 
 
 
 
 
 
 
 
 
 

Hon. Mr. HIDIPO HAMUTENYA

Minister of Trade and Industry of Namibia

for the President of ACP Council of Ministers
 

DECISION No.9/LXXII/00

OF THE 72nd SESSION OF ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS, FROM 14 TO 15 DECEMBER 2000
PREPARATIONS FOR NEGOTIATIONS OF NEW TRADING ARRANGEMENTS 

AND 

ESTABLISHMENT OF THE ACP MINISTERIAL TRADE COMMITTEE


 
 
 

The ACP Council of Ministers,
 

HAVING REGARD to Articles 37 and 38 of the Cotonou Agreement setting out procedures for preparation of negotiations of the new trading arrangements and establishing the Joint ACP-EC Ministerial Trade Committee;
 

CONSIDERING paragraph 12 and section (a) of the Declaration of the 3rd meeting of the ACP Ministers Responsible for Trade Matters set out in doc. ACP/61/093/00 Rev.5 [Final Version] . 
 

HAVING EXAMINED AND ENDORSED the Report of the Chairman of the 3rd meeting of the ACP Ministers Responsible for Trade Matters;
 

AWARE of the urgent need to begin preparations for negotiation of the New Trading Arrangements and operationalise the Joint ACP-EC Ministerial Trade Committee;
 
 
 

HEREBY DECIDES:
 

a) that a comprehensive package of preparatory actions as embodied in the Declaration be implemented by the ACP States;
 

b) to mandate the Committee of Ambassadors to examine the draft Plan of Action prepared by the Secretariat ;
 

c) to create the ACP Ministerial Trade Committee composed of eighteen members;
 

d) that each of the six ACP regions nominate three Ministers Responsible for Trade Matters to represent the ACP regions in the ACP Ministerial Trade Committee, and communicate their nominees to the General Secretariat as soon as possible ;
 

e) to mandate the Committee of Ambassadors to finalise the rules of procedures for the said Committee ;
 
 
 


 
 
 

2

 
 

f) to mandate the ACP Ministerial Trade Committee to consider and adopt the Plan of Action referred to in sub-paragraph b) above ;
 

g) to mandate the ACP Secretariat to undertake or coordinate effectively all the agreed upon actions as appropriate.
 
 
 
 
 
 
 
 
 

Done at Brussels, on 15 December 2000
 
 
 
 
 


 

Hon. Mr HIDIPO HAMUTENYA

Minister of trade and Industry of Namibia

for the President of ACP Council of Ministers
 

RESOLUTION

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000
 
BANANAS

 
 
 

The ACP Council of Ministers,
 

A. REAFFIRMING its resolution adopted during the 71st Session of the ACP Council held in Cotonou Benin from 20 to 21 June 2000;
 

B. WHEREAS the ACP banana producers and exporters rely on the EU market as the sole outlet for their banana exports;
 

C. WHEREAS this trade is only possible because the EU's import regime regulates supply and provides the ACP countries with a duty free and an assured market access thus enabling the sustenance of banana trade that is crucial to their economies; 
 

D. NOTING that the demise of the banana industry in ACP countries would create tremendous social and economic dislocation, eroding the achievements in the fight against poverty, a fundamental objective of ACP-EU co-operation as enshrined in the Cotonou Agreement;
 

E. CONSIDERING that the European Commission has proposed allocation of the tariff rate quota on a 'first come, first served' basis (FCFS) which would grant import rights to operators on the basis of applications made at the opening of weekly or fortnightly quota periods from vessels already at sea and that if the sub-quota is oversubscribed, every application would be scaled down on a pro rata basis;
 

F. CONCERNED that an FCFS system would result in the rapid destruction of the ACP banana industry, because it would deprive ACP producers and exporters of security of access to the EU market;
 

G. CONSCIOUS that the FCFS would confer a massive advantage on the dominant companies trading in bananas and that these dollar operators, handling much greater volumes with large fleets of vessels and a number of regular ports of call, have the flexibility to send to other markets, like Eastern Europe, volumes that fail to gain access under the quota;
 
 
 
 
 

-2-

 
 

H. CONCERNED that ACP producers do not have this flexibility;
 

I. CONCERNED that the proposed tariff preference of Euro 300/tonne would not ensure access since the European Commission has given a public assurance in the WTO that it would immediately reduce the tariff, if it prevented access by dollar bananas;
 

J. CONSCIOUS that the European Commission maintains that, should FCFS not prove feasible or acceptable, a tariff-only system would be applied immediately; 
 

K. CONSIDERING that a tariff-only system would even more seriously lead to the rapid elimination of the ACP trade in bananas ; 
 

L. FURTHER considering that there would need to be a tariff substantially higher than 300 Euro/tonne, or some system of support designed to ensure a viable return; 
 

M. AND ALSO CONSIDERING that without quantitative restrictions or a very high tariff, imports would inevitably increase and market prices would be driven to totally uneconomic levels for ACP suppliers ; 
 

N. STRESSING that only a quota regime based on past trade would meet the EU commitment in the Cotonou Agreement to adopt measures aimed at ensuring the continued viability of the ACP banana export industries ; 
 

O. AFFIRMING that this is the form of transitional regime preferred by the Parties concerned ; 
 

P. WELCOMING the intention of the European Commission to permit duty free access for least developed countries (EBA initiative) but aware that the EU banana market is already oversupplied so that, particularly in the case of current ACP banana suppliers, any further increases in imports could aggravate the situation that would invariably cause further price deterioration and loss of income and market ;
 

Q. CONCERNED that the Special Framework of Assistance resources to improve competitiveness for their banana industries are, for some countries such as Cote d'Ivoire, not being disbursed due to reasons beyond the control of the banana producers and exporters in those countries; 
 
 
 
 
 
 
 

-3-

 
 

CALLS ON THE COUNCIL OF THE EUROPEAN UNION TO
 

1. ensure that the market access conditions guaranteed to the ACP States are not further eroded by any action in the multilateral trading arrangements;
 

2. ensure that ACP countries' position on the modification of the regime is taken into account and there is continued consultation with the ACP countries;
 

3. ensure that the transition period leading to a 'tariff only' system should not be less than 10 years to enable the Community and ACP producers to adapt to a new system;

4. ensure that in devising the mechanics of the EBA Initiative, arrangements for bananas should be made so that there is no over-supply and that no measures are introduced which could destabilize the market and cause further price declines ; 
 

5. ensure that the Special Framework Assistance resources for countries such as Cote d'Ivoire, whose cooperation with the EU has temporarily been suspended, are retained in a reserve account for disbursement when the situation in affected countries returns to normalcy.
 
 
 
 
 
 
 

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RESOLUTION

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000


 
CONSULTATIONS 

BETWEEN THE REPUBLIC OF HAITI AND THE EUROPEAN UNION 

UNDER ARTICLE 96 OF THE COTONOU AGREEMENT 


 
 
 

The ACP Council of Ministers,
 

A. RECALLING the Cotonou Agreement and its provisions on the political aspects of the ACP-EC Partnership;
 

B. RECALLING specifically the consultation mechanism in Article 96 of the Cotonou Agreement,
 

C. ACKNOWLEDGING that the Republic of Haiti had accepted an invitation from the European Union to hold consultations under Article 96 on the senatorial elections of 21 May 2000;
 

D. AWARE that those consultations took place on 26 September 2000 and that the Republic of Haiti was represented by a high level delegation led by the Minister of Foreign Affairs;
 

GIVES its full support to the Government and people of the Republic of Haiti;
 

URGES the European Union to pursue the process of consultations in a fair and transparent manner and remain in constructive engagement with Haiti; 

INSTRUCTS the President of the ACP Council of Ministers to bring this Resolution to the attention of the President of the EU Council and to the European Commission.


 
 
 

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RESOLUTION

OF THE 72ND SESSION OF THE ACP COUNCIL OF MINISTERS

HELD IN BRUSSELS FROM 14 TO 15 DECEMBER 2000


 
PEACE AGREEMENT BETWEEN ETHIOPIA AND ERITREA

 
 
 

The ACP Council of Ministers, 
 

A. RECALLING the resolution of the first session of the ACP-EU Joint Parliamentary Assembly on the situation in Ethiopia and Eritrea; 
 

B. HAVING REGARD to the Agreement on cessation of hostilities signed by the Parties in Algiers (Algeria) on 18 June 2000 under the aegis of the Organisation of African Unity;
 

C. HAVING REGARD to Article XI of the ACP-EC Partnership Agreement dealing with peace-building policies, conflict prevention and resolution;
 

WELCOMES the signing on 12 December 2000, in Algiers (Algeria), of the peace agreement between Ethiopia and Eritrea;
 

BELIEVES that this peace agreement reflects the collective will of the leaders and governments of both countries to turn their energies and abilities to advancing the shared needs of both their peoples;
 

RECOGNISES the tireless efforts of the Organisation of African Unity and the United Nations in bringing about this peace treaty;
 

ASSURES both countries of the continued support of the African, Caribbean and Pacific Group of States in all their future endeavours to ensure peace, security and development for their peoples.
 
 
 
 
 

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